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  1. WHAT MUST THE COMMANDER DO BEFORE THEY CAN INITIATE A CHAPTER 14? a. Only for discharge under paragraphs 14-12a and l4-12b, the soldier must be formally counseled in writing at least once prior...

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  3. A recent case in North Carolina Eastern Bankruptcy Court clarified some issues regarding the ability of certain debts to be discharged in Chapter 7 bankruptcy proceedings. Ryan v. Defense Finance and Accounting Services outlines the case of a soldier who received an honorable discharge from the U.S. Army after re-enlisting for six years and ...

    • Qualifying For Chapter 7 Bankruptcy and The Means Test
    • Disabled Veterans Are Exempt from The Chapter 7 Means Test
    • Consult A Bankruptcy Lawyer
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    To qualify for Chapter 7 bankruptcy, debtors must typically pass the Chapter 7 means test. The means test determines whether filers have enough disposable income to repay debts. If they don't, they qualify to receive a Chapter 7 debt discharge. Filers who can afford to pay some or all of their debt must use Chapter 13 or Chapter 11if the filer exce...

    Suppose you're a veteran with a disability who incurred most debt while on active duty or performing a homeland defense activity. In that case, you wouldn't need to complete the means test to qualify for Chapter 7 bankruptcy. To be considered a disabled veteran for means test purposes, you need to have a disability rated at 30% or more or be discha...

    Determinations regarding security clearances are usually made on a case-by-case basis. Before filing, check that your bankruptcy won't adversely affect your security clearance with your superior or consult a bankruptcy lawyer. Learn more about special financial protections for the military.

    Did you know Nolo has made the law easy for over fifty years? It's true, and we want to ensure you find what you need. Below you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepageis the best place to start if you have other questions! We wholeheartedly encourage research and learning, but online art...

  4. If you're in the military and need to file for bankruptcy, some bankruptcy rules could help streamline your filing. Military Members and the Chapter 7 Means Test Exemption. To qualify for Chapter 7 bankruptcy, you must meet specific income requirements by passing the Chapter 7 means test.

  5. An honorable, general, or OTH discharge is possible under Chapter 14 proceedings. Soldiers in an entry level status (which means they have 180 days active duty service or less) may receive an uncharacterized description of service. Separation pay is not authorized.

  6. Jul 11, 2024 · There are three situations in which an individual can avoid taking and passing the Chapter 7 Means Test and still be eligible for a Chapter 7 bankruptcy discharge: Disabled Veterans You incurred most of your debts while on active duty or performing a homeland defense activity.

  7. A soldier separated involuntarily with an honorable discharge, who has a minimum of six years service, may be eligible for full separation pay. Examples include soldiers discharged because of a...

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